Page 14 - NJ Cooperator Spring 2020

14 THE NEW JERSEY COOPERATOR —SPRING 2020 NJCOOPERATOR.COM 605 Candlewood Commons, Howell, NJ info@regencymanagementgroup.biz | 732-364-5900 WWW.REGENCYMANAGEMENTGROUP.BIZ PROPERTY MANAGEMENT. PROPERLY MANAGED. FOR US, IT’S PERSONAL Our Comprehensive Solutions Include: • Interactive website with online forms • Responsive customer service with postcard, email and phone notifications • Live call center staffed with an experienced team of management professionals • Digital systems for work tickets, resident data and board communication • Complete Financial Management Services including Collections, General Accounting, Monthly & Annual Reporting and Annual Budget Preparation Regency Management Group Combines leading edge technology with the personal attention and service your community deserves. Relationships Matter. Let us be your trusted partner for all your Property Management needs. ATTENTION BUILDING OWNERS AND MANAGERS Maintenance of any masonry/concrete mid to high rise building is CRUCIAL From parking decks, to balconies, to brick pointing, window caulking, parapet walls, and roof structures, simple maintenance and inspection is IMPERATIVE to keep your investment DRY and STRUCTURALLY SOUND. Water intrusion can cause: • Structural damage • Damage claims from tenants and owners • Mold issues and lawsuits • Safety issues, e.g., falling masonry & Restoration Inc, of Jersey City, NJ, successfully completing over $200,000,000 of restoration work in New York, New Jersey, and Connecticut. H2O Pro operates only in New Jersey and we pledge to you that if you trust us to oversee exterior repairs to your buildings we will treat them as if they were our own. Choosing the right contractor is extremely important! Who are we? Call Toll Free: 844-774-6776 Small maintenance issues can become large capital projects. We work with you or your architect/engineer, to establish a repair plan that keeps your investment safe and sound without breaking your budget. the con nes of the law, doesn’t discrimi- nate, and is evenly applied. Otherwise, meeting. Where a meeting is required, your good intentions could turn into a dis- crimination claim or a lawsuit. Exercising board members coordinate a telephone care and consideration in dra ing rules to call or a video-conference so the board can protect all owners and residents will help, get together virtually and make decisions. and is in the best interest of the community Staying out of meeting rooms — as well as as a whole. Keep Everyone Informed e media is saturated with national tion and keeping ourselves and each other and local information—and misinforma- tion—but what about information on your particular association? Let your owners and residents know that the board and coming up, postpone it. If a prompt unit management are at the helm, steering the owner decision is absolutely necessary, ship with con dence, and with all of their there are electronic voting applications interests in mind. If your association has a that allow for owners to vote electronically website, post regular information on the from wherever they are. Like in-person rules, rule changes, places that you’ve in- stalled hand sanitizer, cleaning processes poned, and an alternative way of having that are being employed in the common electronic voting should be explored. Your areas, and anything else you’re doing as a counsel should be consulted about whether board or management team to protect your New Jersey laws on electronic voting apply associations during this unsettled time. Take Charge of the Common Areas Your board is charged with govern- ing the community and the common ar- eas. If the common areas are not properly a congregation of owners is not necessary. maintained – including being thoroughly cleaned on a regular basis – it poses a risk; not only to owners and residents who may one resident in your building or commu- contract the virus, but to boards and man- agement who may face claims of negligence already. Resident-to-resident, resident- in performing their obligations to the com- munity, and/or breaches of their duciary also likely as the pandemic runs its course. or contractual duty. So take a hard look at what is being done and heighten the stakes around necessary to maintain your common areas. For ex- ample, the board and management might the board is charged with operating the review how frequently any shared commu- nity areas such as a clubhouse, pool, gym, ments, and doing its best to be reasonable and so forth are being cleaned. In addition, and act in the best interest of the associa- your board should review how well the tion. In rulemaking or taking action, be shared areas are being cleaned. Further, the considerate —yet protective—of the entire association may want to assess whether ad- ditional hand sanitizers, automated soap exercise your business judgment collec- dispensers or disinfectant wipes should be tively. Do not make decisions out of self- placed in common areas. Your board may interest—and when in doubt, consult your even want to consider shuttering common professionals. areas or amenities on a temporary basis. If an individual suspected or con rmed like COVID-19, the association’s board and to have COVID-19 has been in the com- mon area, it is recommended by the CDC ing about upcoming annual and board to close o those areas and wait up to 24 meetings, community events, etc. We hours before beginning to clean and disin- fect. Consider Alternative Ways to Meet In the interest of social distancing, the virus. Community associations should boards should put o in-person meetings also review their rules and may wish to for the foreseeable future. Board meetings consult with legal counsel regarding their in New York can be done telephonically, options under the law and governing docu- as long as everyone can hear each other. ments of the association. Online board meetings are a possibility as well. Check the relevant statutes for your state to con rm meeting requirements. Some products like O ce of the Board (www.o ceo heboard.com) allow boards to meet online, or even make board deci- sions without a meeting, provided that the decision is unanimous. Decisions that are unanimous can be made by unanimous written consent, and don’t require a board consider having your management or the each others’ apartments —for the time be- ing is crucial to slowing the pace of infec- healthy. Postpone Annual Meetings If your association’s annual meeting is board meetings, annuals should be post- to your association, or whether you need to amend your bylaws to allow electronic voting. If your association can vote elec- tronically now, it should be explored, since Avoid Liability At this point, it is inevitable that at least nity will contract the virus, if they haven’t to-sta (and vice versa) transmissions are Illness and safety are always concerning everyday operations. However, in the end association, maintaining the common ele- community you represent. As a board, In sum, when faced with a health crisis management should be proactive in think- recommend keeping everyone informed about what your board and management are doing to protect the community from ■ Joseph Colbert is a partner at Colbert Law with o ces in New York and Connecticut MANAGING... continued from page 1